Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(225 ILCS 340/1)(from Ch. 111, par. 6601)(Section scheduled to be repealed on January 1, 2020)Sec. 1. The practice of Structural Engineering in the State of
Illinois is hereby declared to affect the public health, safety and welfare
and to be subject to regulation and control in the public interest. It is
further declared to be a matter of public interest and concern that the
practice of Structural Engineering as defined in this Act, merit and
receive the confidence of the public, that only qualified persons be
authorized to practice Structural Engineering in the State of Illinois.
This Act shall be liberally construed to best carry out these subjects
and purposes.(Source: P.A. 86-711.)

225 ILCS 340/2

(225 ILCS 340/2)(from Ch. 111, par. 6602)(Section scheduled to be repealed on January 1, 2020)Sec. 2. This Act shall be known and may be cited as the Structural Engineering Practice Act of 1989.(Source: P.A. 91-91, eff. 1-1-00.)

225 ILCS 340/3

(225 ILCS 340/3)(from Ch. 111, par. 6603)(Section scheduled to be repealed on January 1, 2020)Sec. 3. The following persons are exempt from the operation of this Act: (a) Draftsmen, students, clerks of work, superintendents and other
employees of Licensed Structural Engineers when acting under the immediate
personal supervision of their employers; and(b) Superintendents of construction in the pay of the owner when acting
under the immediate personal supervision of a Licensed Structural
Engineer.Persons licensed to practice structural engineering in this State
are exempt from the operation of any Act in force in this State relating to the
regulation of the practice of Architecture.(Source: P.A. 86-711.)

225 ILCS 340/4

(225 ILCS 340/4)(from Ch. 111, par. 6604)(Section scheduled to be repealed on January 1, 2020)Sec. 4. In this Act: (a) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and such changes must be made either through the Department's website or by directly contacting the Department. (b) "Department" means the Department of Financial and Professional Regulation.(c) "Secretary" means the Secretary of the Department of Financial and Professional
Regulation.(d) "Board" means the Structural Engineering Board appointed by the
Secretary.(e) "Negligence in the practice of structural engineering" means the
failure to exercise that degree of reasonable professional skill, judgment
and diligence normally rendered by structural engineers in the
practice of structural engineering.(f) "Structural engineer intern" means a person who is a candidate for
licensure as a structural engineer and who has been enrolled as a structural
engineer intern.(g) "Structural engineer" means a person licensed under the laws of the
State of Illinois to practice structural engineering.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/4.5

(225 ILCS 340/4.5)(Section scheduled to be repealed on January 1, 2020)Sec. 4.5. References to Department or Director of Professional Regulation. References in this Act (i) to the Department of Professional Regulation are deemed, in appropriate contexts, to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/5

(225 ILCS 340/5)(from Ch. 111, par. 6605)(Section scheduled to be repealed on January 1, 2020)Sec. 5. A person shall be regarded as practicing structural engineering
within the meaning of this Act who is engaged in the design, analysis, or supervision of the construction, enlargement or alteration of structures,
or any part thereof, for others, to be constructed by persons other than
himself. Structures within the meaning of this Act are all structures
having as essential features foundations, columns, girders, trusses,
arches or beams, with or without other parts, and in which safe design and
construction require that loads and stresses must be computed and the size
and strength of parts determined by mathematical calculations based upon
scientific principles and engineering data. A person shall also be regarded
as practicing structural engineering within the meaning of this Act who is
engaged as a principal in the design, analysis, or supervision of the construction
of structures or of the structural part of edifices designed solely for the
generation of electricity; or for the hoisting, cleaning, sizing or storing
of coal, cement, sand, grain, gravel or similar materials; elevators;
manufacturing plants; docks; bridges; blast furnaces; rolling mills; gas
producers and reservoirs; smelters; dams; reservoirs; waterworks; sanitary
works as applied to the purification of water; plants for waste and sewage
disposal; round houses for locomotives; railroad shops; pumping or power
stations for drainage districts; or power houses, even though such
structures may come within the definition of "buildings" as defined in any
Act in force in this State relating to the regulation of the practice of
architecture.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/6

(225 ILCS 340/6)(from Ch. 111, par. 6606)(Section scheduled to be repealed on January 1, 2020)Sec. 6. The Department of Financial and Professional Regulation shall exercise the
following functions, powers and duties subject to the provisions of this Act:(1) To conduct examinations to ascertain the

qualifications and fitness of applicants for licensure as licensed structural engineers, and pass upon the qualifications and fitness of applicants for licensure by endorsement.

(2) To prescribe rules for a method of examination of

candidates.

(3) To prescribe rules to establish what constitutes

a structural engineering or related science curriculum, to determine if a specific curriculum qualifies as a structural engineering or related science curriculum, and to terminate the Department's approval of any curriculum as a structural engineering or related science curriculum for non-compliance with such rules.

(3.5) To register corporations, partnerships,

professional service corporations, limited liability companies, and sole proprietorships for the practice of structural engineering and issue a license to those who qualify.

(4) To investigate complaints, to conduct oral

interviews, disciplinary conferences, and formal evidentiary hearings on proceedings to refuse to issue, renew or restore, or to suspend or revoke a license, or to place on probation or reprimand a licensee for reasons set forth in Section 20 of this Act.

(5) To formulate rules necessary to carry out the

provisions of this Act.

(6) To maintain membership in a national organization

that provides an acceptable structural engineering examination and participate in activities of the organization by designation of individuals for the various classifications of membership and the appointment of delegates for attendance at regional and national meetings of the organization. All costs associated with membership and attendance of such delegates to any national meetings may be funded from the Design Professionals Administration and Investigation Fund.

(7) To review such applicant qualifications to sit

for the examination or for licensure that the Board designates pursuant to Section 8 of this Act.

Prior to issuance of any final decision or order
that deviates from any report or recommendation of the Board relating to
the qualification of applicants, discipline of licensees or registrants, or
promulgation of rules, the Secretary shall notify the Board and the Secretary of
State in writing with an explanation of any such deviation and provide a
reasonable time for the Board to submit comments to the Secretary
regarding the action. In the event that the Board fails or declines
to submit such comments within 30 days of said notification, the Secretary
may issue a final decision or order consistent with the Secretary's
original decision.Whenever the Secretary is not satisfied that substantial justice has been done in an examination, the Secretary may order a reexamination by the same or other examiners. (Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/7

(225 ILCS 340/7)(from Ch. 111, par. 6607)(Section scheduled to be repealed on January 1, 2020)Sec. 7. The Secretary shall appoint a Structural Engineering Board,
which shall consist of 7 members. Six members shall be Illinois licensed
structural engineers, who have been engaged in the practice of structural
engineering for a minimum of 10 years, and one shall be a public member.
The public member shall be a voting member and shall not hold a license as
an architect, professional engineer, structural engineer or land surveyor.Members shall serve 5 year terms and until their successors are appointed
and qualified.In making the designation of persons to act, the Secretary shall give due
consideration to recommendations by members of the profession and by
organizations of the structural engineering profession.The membership of the Board should reasonably reflect representation from
the geographic areas in this State.No member shall be reappointed to the Board for a term which would cause
his or her service on the Board to be longer than 15
years in a lifetime.
Appointments to fill vacancies shall be made in the same manner as
original appointments, for the unexpired portion of the vacated term.
Initial terms under this Act shall begin upon the expiration of the terms
of Committee members appointed under The Illinois Structural Engineering Act.Persons holding office as members of the Board under
this Act on the effective date of
this Act shall serve
as members of the Board under this Act
until
the expiration of the term for which they were appointed and until their
successors are appointed and qualified under this Act.Four members of the Board shall constitute a quorum. A quorum is required for Board decisions.The Secretary may terminate the appointment of any member for cause which
in the opinion of the Secretary reasonably justifies such termination,
which may include, but is not limited to, a Board member who does not attend
2 consecutive meetings.Notice of proposed rulemaking shall be transmitted to the Board and the
Department shall review the response of the Board and any recommendations
made therein. The Department may, at any time, seek the expert advice and
knowledge of the Board on any matter relating to the administration or
enforcement of this Act.Members of the Board shall be immune from suit in any action based upon
any disciplinary proceedings or other activities performed in good faith as
members of the Board.Each member of the Board may receive compensation as determined by the Secretary.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/8

(225 ILCS 340/8)(from Ch. 111, par. 6608)(Section scheduled to be repealed on January 1, 2020)Sec. 8. The Board has the following powers and duties: (a) The Board shall hold at least 3 regular meetings each year;(b) The Board shall annually elect a Chairperson and a Vice Chairperson,
both of whom shall be Illinois licensed
structural engineers;(c) The Board, upon request by the Department, may make a curriculum
evaluation to determine if courses conform to requirements of approved
engineering programs;(d) The Department may at any time seek the expert advice and knowledge of
the Board on any matter relating to the enforcement of this Act;(e) The Board may appoint a subcommittee to serve as a Complaint Committee
to recommend the disposition of case files according to procedures established
by rule;(f) The Board shall assist the Department in conducting oral interviews,
disciplinary conferences, informal conferences, and formal evidentiary hearings;(g) The Board shall review applicant qualifications to sit for the
examination or for licensure and shall make recommendations to the
Department except for those applicant qualifications that the Board designates as routinely acceptable, and the Department shall review the Board's
recommendations on
applicant qualifications; and(h) The Board may submit comments to the Secretary within a reasonable time
from notification of any final decision or order from the Secretary that
deviates from any report or recommendation of the Board relating to the
qualification of applicants, discipline of licensees or registrants, unlicensed practice, or
promulgation of rules.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/9

(225 ILCS 340/9)(from Ch. 111, par. 6609)(Section scheduled to be repealed on January 1, 2020)Sec. 9. Applications for original licenses shall be made to the
Department in writing on forms prescribed by the Department and shall be
accompanied by the required fee, which is not refundable. The application
shall require such information as in the judgment of the Department will
enable the Department to pass on the qualifications of the applicant for
a license.
The Department may require an applicant, at the applicant's expense, to have
an evaluation of the applicant's education in a foreign county by a nationally
recognized evaluation service approved by the Department in accordance with rules
prescribed by the Department.An applicant who graduated from a structural engineering program outside the
United States or its territories and whose first language is not English shall
submit certification of passage of the Test of English as a Foreign Language
(TOEFL) and a test of spoken English as defined by rule. However, any such applicant who subsequently earns an advanced degree from an accredited educational institution in the United States or its territories shall not be subject to this requirement. (Source: P.A. 98-993, eff. 1-1-15.)

225 ILCS 340/9.5

(225 ILCS 340/9.5)(Section scheduled to be repealed on January 1, 2020)Sec. 9.5. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.Every application for a renewal or restored license shall require the applicant's customer identification number. (Source: P.A. 97-400, eff. 1-1-12.)

225 ILCS 340/10

(225 ILCS 340/10)(from Ch. 111, par. 6610)(Section scheduled to be repealed on January 1, 2020)Sec. 10. The Department shall authorize examinations of applicants as
structural engineers at such times and places as it may determine. The
examination of applicants shall be of a character to give a fair test of
the qualifications of the applicant to practice structural engineering.Applicants for examination as structural engineers are required to
pay, either to the Department or the designated testing service, a fee
covering the cost of providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place specified, after
the applicant's application for examination has been received and
acknowledged by the Department or the designated testing service, shall
result in the forfeiture of the examination fee.If an applicant fails to pass an examination for a
licensure under this Act within 3 years after filing the application,
the application shall be denied. However, such applicant may thereafter
make a new application for examination accompanied by the required fee, and
must furnish proof of meeting the qualifications for examination in effect
at the time of new application.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/11

(225 ILCS 340/11)(from Ch. 111, par. 6611)(Section scheduled to be repealed on January 1, 2020)Sec. 11. A person is qualified for enrollment as a
structural
engineer intern or licensure as a structural engineer if that person has
applied in
writing in form and substance
satisfactory to the Department and:(a) The applicant is of good moral character. In

determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or actions that would constitute grounds for discipline under this Act.

(a-5) The applicant, if a structural engineer intern

applicant, has met the minimum standards for enrollment as a structural engineer intern, which are as follows:

(1) is a graduate of an approved structural

engineering curriculum of at least 4 years meeting the requirements as set forth by rule and passes a nominal examination as defined by rule in the fundamentals of engineering; or

(2) is a graduate of a related science curriculum

of at least 4 years meeting the requirements as set forth by rule and passes a nominal examination as defined by rule in the fundamentals of engineering.

(b) The applicant, if a structural engineer

applicant, has met the minimum standards for licensure as a structural engineer, which are as follows:

(1) is a graduate of an approved structural

engineering curriculum of at least 4 years meeting the requirements as set forth by rule and submits evidence acceptable to the Department of an additional 4 years or more of experience in structural engineering work of a grade and character which indicates that the individual may be competent to practice structural engineering as set forth by rule; or

(2) is a graduate of an approved related science

curriculum of at least 4 years meeting the requirements as set forth by rule who submits evidence acceptable to the Department of an additional 8 years or more of progressive experience in structural engineering work of a grade and character which indicates that the individual may be competent to practice structural engineering as set forth by rule.

(c) The applicant, if a structural engineer applicant, has passed an
examination authorized by the Department as determined by rule
to
determine his or her fitness to receive a license as a structural engineer.(Source: P.A. 98-713, eff. 7-16-14.)

225 ILCS 340/12

(225 ILCS 340/12)(from Ch. 111, par. 6612)(Section scheduled to be repealed on January 1, 2020)Sec. 12. Every holder of a license as a structural engineer shall
display it in a conspicuous place in the holder's principal office, place
of business or employment.Every licensed structural engineer shall have a reproducible seal or
facsimile, the print of which shall contain the name and
license number of the structural engineer, and the words "Licensed
Structural Engineer," "State of Illinois." The licensed structural
engineer shall seal all plans, drawings, and specifications
prepared by or under the engineer's supervision.A licensed structural engineer may seal documents not produced by the
licensed structural engineer when the documents have either been produced
by others working under the licensed structural engineer's personal
supervision and control or when the licensed structural engineer has
sufficiently reviewed the documents to ensure that they have met the
standards of reasonable professional skill and diligence. In reviewing the
work of others, the licensed structural engineer shall, where necessary, do
calculations, redesign, or any other work necessary to
be done to meet
such standards and should retain evidence of having done such review. The
documents sealed by the licensed structural engineer shall be of no lesser
quality than if they had been produced by the licensed structural engineer.
The licensed structural engineer who seals the work of others is obligated
to provide sufficient supervision and review of such work so that the
public is protected.The licensed structural engineer shall affix the signature, current date,
date of license expiration and seal to the first sheet of any bound set or
loose sheets prepared by the licensed structural engineer or under that
licensed structural engineer's immediate supervision.(Source: P.A. 91-91, eff. 1-1-00.)

(225 ILCS 340/14)(from Ch. 111, par. 6614)(Section scheduled to be repealed on January 1, 2020)Sec. 14. The expiration date and renewal period for each license
issued under this Act shall be set by rule. The holder of a license
may renew the license during the month preceding its
expiration date by paying the required fee.
A licensed structural engineer who has permitted his license
to expire or who placed his license on inactive status
may have his license restored by making application to
the Department and filing proof acceptable to the Department of fitness
to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction satisfactory to the
Department and by submitting evidence of knowledge in seismic design and by paying the required restoration fee.If the licensed structural engineer has not maintained an active practice
in another jurisdiction satisfactory to the Department, the Board shall
determine, by an evaluation program established by rule, that person's
fitness to resume active status and may require the licensed structural
engineer to complete an examination.Any licensed structural engineer whose license has been expired
for more than 5 years may have his license restored by making application
to the Department and filing proof acceptable to the Department
of fitness to have the license restored, including sworn evidence
certifying to active practice in another jurisdiction and by paying the
required restoration fee.However, any licensed structural engineer whose license
has expired while such engineer was engaged (1) in federal
service on active duty with the Army of the United States, the United
States Navy, the Marine Corps, the Air Force, the Coast Guard, or the
State Militia called into the service or training of the United States
of America, or (2) in training or education under the supervision of the
United States preliminary to induction into the military service, may
have his license restored or reinstated without paying any lapsed renewal fees,
reinstatement fee or restoration fee or passing any examination, if within 2
years after termination of such service, training or education other than by
dishonorable discharge such person furnishes the Department with an affidavit
to the effect that he has been so engaged and that the service, training or
education has been so terminated.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/14.5

(225 ILCS 340/14.5)(Section scheduled to be repealed on January 1, 2020)Sec. 14.5. Continuing education. The Department may promulgate rules of
continuing education for persons licensed under this Act. The Department shall
consider the recommendations of the Board in establishing the guidelines for
the continuing education requirements. The requirements of this Section apply
to any person seeking renewal or restoration under Section 14 or 15 of this
Act.(Source: P.A. 91-91, eff. 1-1-00.)

225 ILCS 340/15

(225 ILCS 340/15)(from Ch. 111, par. 6615)(Section scheduled to be repealed on January 1, 2020)Sec. 15. Any structural engineer who notifies the Department,
in writing on forms prescribed by the Department, may elect to place his or
her license on an inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he or she
notifies the Department in writing of the desire to resume active status.Any structural engineer requesting restoration from inactive
status shall be required to pay the current renewal fee. If the structural
engineer otherwise qualifies, upon payment, the Department shall restore
his or her license, as provided in Section 14 of this Act.Any structural engineer whose license is on inactive status
shall not practice structural engineering in the State of Illinois.(Source: P.A. 86-711.)

225 ILCS 340/16

(225 ILCS 340/16)(from Ch. 111, par. 6616)(Section scheduled to be repealed on January 1, 2020)Sec. 16. The Department may, in its discretion, license as a
structural engineer upon payment of the
required fee, an
applicant who is a structural engineer licensed under the laws of another
state or territory, if the requirements for
licensure in the state or territory were, at the date of
licensure, substantially equivalent to the requirements in force in this
State on that date.Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years,
the application shall be denied, the fee forfeited and the applicant must
reapply and meet the requirements in effect at the time of reapplication.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/17

(225 ILCS 340/17)(from Ch. 111, par. 6617)(Section scheduled to be repealed on January 1, 2020)Sec. 17. Fees. (a) The Department shall provide by rule for a schedule of fees to be paid
for licenses by all applicants. All fees are not refundable.(b) The fees for the administration and enforcement of the Act, including
but not limited to original licensure, renewal, and restoration, shall be set
by rule by the Department.(c) All fees and fines collected shall be deposited in the Design
Professionals Administration and Investigation Fund. Of the moneys deposited
into the Design Professionals Administration and Investigation Fund, the
Department may use such funds as necessary and available to produce and
distribute newsletters to persons licensed under this Act.(Source: P.A. 91-91, eff. 1-1-00.)

225 ILCS 340/18

(225 ILCS 340/18)(from Ch. 111, par. 6618)(Section scheduled to be repealed on January 1, 2020)Sec. 18. A roster showing the names and addresses of all
structural engineers licensed under this Act shall be prepared by the
Department. This roster shall be available upon request
and payment of the required fee.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/19

(225 ILCS 340/19)(from Ch. 111, par. 6619)(Section scheduled to be repealed on January 1, 2020)Sec. 19. Professional design firm registration; conditions. (a) Nothing in this Act prohibits the formation, under the provisions of the
Professional Service Corporation Act, as amended, of a corporation to practice
structural engineering.Any business, including a Professional Service Corporation, that
includes within its stated purposes, practices, or holds itself out as
available to practice, structural engineering, shall be registered with
the Department pursuant to the provisions of this Section.Any sole proprietorship not owned and operated by an Illinois licensed
design professional licensed under this Act shall be prohibited from
offering structural engineering services to the public. "Illinois licensed
design professional" means a person who holds an active license as a structural
engineer under this Act, as an architect under the Illinois
Architecture Practice Act of 1989, or as a professional engineer under the
Professional Engineering Practice Act of 1989.
Any sole proprietorship owned and operated by a structural engineer with an
active license issued under this Act and conducting or transacting such
business under an assumed name in accordance with the provisions of the Assumed
Business Name Act shall comply with the registration requirements of a
professional design firm.
Any sole proprietorship owned
and operated by a structural engineer with an active license issued under this
Act and conducting or transacting such business under the real name of the
sole proprietor is exempt from the registration requirements of a
professional design
firm.Any partnership which includes within its purpose, practices, or
holds itself out as available to practice structural engineering,
shall register with the Department pursuant to the provisions set forth
in this Section.(b) Any professional design firm seeking to be registered under the
provisions of this Section shall not be registered unless at least one managing agent in
charge of structural engineering activities in this State is designated by the
professional design firm. A designated managing agent must at all times maintain a valid,
active license to practice structural engineering in Illinois.No individual whose license to practice structural engineering in this
State is currently in a suspended or revoked status shall act as a managing
agent for a professional design firm.(c) No business shall practice or hold itself out as available to practice
structural engineering until it is registered with the Department.(d) Any business seeking to be registered under this Section shall apply for
a certificate of registration on a form provided by the Department and shall
provide such information as requested by the Department, which shall include
but shall not be limited to:(1) the name and license number of the person

designated as the managing agent in responsible charge of the practice of structural engineering in Illinois. In the case of a corporation, the corporation shall also submit a certified copy of the resolution by the board of directors designating the managing agent. In the case of a limited liability company, the company shall submit a certified copy of either its articles of organization or operating agreement designating the managing agent;

(2) the names and license numbers of the directors,

in the case of a corporation, the members, in the case of a limited liability company, or general partners, in the case of a partnership;

(3) a list of all locations at which the professional

design firm provides structural engineering services to the public; and

(4) A list of all assumed names of the business.

Nothing in this Section shall be construed to exempt a professional design firm, sole proprietorship, or professional service corporation from compliance with the requirements of the Assumed Business Name Act.

It shall be the responsibility of the professional design firm to provide
the Department notice, in writing, of any changes in the information
requested on the application.(e) In the event a managing agent is terminated or terminates his status
as managing agent of the professional design firm, such managing agent and professional design firm shall notify the Department of this fact in writing, by
certified mail, within 10 business days of such termination.Thereafter, the professional design firm, if it has so informed the
Department, shall have 30 days in which to notify the Department
of the name and registration number of a newly designated managing agent. If a
corporation, the corporation shall also submit a certified copy of a resolution
by the board of directors designating the new managing agent. If a limited
liability company, the company shall also submit a certified copy of either its
articles of organization or operating agreement designating the new managing
agent. The Department may, upon good cause shown, extend the original 30 day
period.If the professional design firm fails to notify the Department in writing
within the specified time, the registration shall be
terminated without prior hearing. Notification of termination shall be sent to the address of record. If the professional
design firm continues to operate and offer structural engineering services
after the termination, the Department may seek prosecution under Sections 20,
34, and 34a of this Act for the unlicensed practice of structural engineering.(f) No professional design firm shall be relieved of responsibility for the
conduct or acts of its agents, employees, members, managers, or officers by
reason of its compliance with this Section, nor shall any individual practicing
structural engineering be relieved of the responsibility for professional
services performed by reason of the individual's employment or relationship
with a professional design firm registered under this Section.(g) Disciplinary action against a professional design firm registered
under this Section shall be administered in the same manner and on the same
grounds as disciplinary action against a licensed structural engineer.
All disciplinary action taken or pending against a corporation or
partnership before the effective date of this amendatory Act of 1993 shall be
continued or remain in effect without the Department filing separate actions.It is unlawful for any person to practice, or to attempt to practice,
structural engineering, without being licensed under this Act. It is unlawful
for any business not subject to the sole proprietorship exemption to offer or
provide structural engineering services without active registration issued by
the Department as a professional design firm or professional service
corporation.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/20

(225 ILCS 340/20)(from Ch. 111, par. 6620)(Section scheduled to be repealed on January 1, 2020)Sec. 20. Refusal; revocation; suspension. (a) The Department may refuse to issue or renew, or may revoke a license, or may suspend, place on probation, fine, or take any disciplinary or non-disciplinary action as the Department may deem proper, including a fine not to exceed $10,000 for each violation, with regard to any licensee for any one or combination of the following reasons:(1) Material misstatement in furnishing information

to the Department;

(2) Negligence, incompetence or misconduct in the

practice of structural engineering;

(3) Making any misrepresentation for the purpose of

obtaining licensure;

(4) The affixing of a licensed structural engineer's

seal to any plans, specifications or drawings which have not been prepared by or under the immediate personal supervision of that licensed structural engineer or reviewed as provided in this Act;

(5) Conviction of, or entry of a plea of guilty or

nolo contendere to, any crime that is a felony under the laws of the United States or of any state or territory thereof, or that is a misdemeanor an essential element of which is dishonesty, or any crime that is directly related to the practice of the profession;

(6) Making a statement of compliance pursuant to the

Environmental Barriers Act, as now or hereafter amended, that a plan for construction or alteration of a public facility or for construction of a multi-story housing unit is in compliance with the Environmental Barriers Act when such plan is not in compliance;

(7) Failure to comply with any of the provisions of

this Act or its rules;

(8) Aiding or assisting another person in violating

any provision of this Act or its rules;

(9) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive, defraud or harm the public, as defined by rule;

(10) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety;

(11) Failure of an applicant or licensee to pay a

fine imposed by the Department or a licensee whose license has been placed on probationary status has violated the terms of probation;

(12) Discipline by another state, territory, foreign

country, the District of Columbia, the United States government, or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section;

(13) Failure to provide information in response to a

written request made by the Department within 30 days after the receipt of such written request; or

(14) Physical illness, including but not limited to,

deterioration through the aging process or loss of motor skill, mental illness, or disability which results in the inability to practice the profession of structural engineering with reasonable judgment, skill, or safety.

(a-5) In enforcing this Section, the Department or Board, upon a showing of a possible violation, may order a licensee or applicant to submit to a mental or physical examination, or both, at the expense of the Department. The Department or Board may order the examining physician to present testimony concerning his or her examination of the licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the licensee or applicant and the examining physician. The examining physicians shall be specifically designated by the Board or Department. The licensee or applicant may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of a licensee or applicant to submit to any such examination when directed, without reasonable cause as defined by rule, shall be grounds for either the immediate suspension of his or her license or immediate denial of his or her application.If the Secretary immediately suspends the license of a licensee for his or her failure to submit to a mental or physical examination when directed, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay.If the Secretary otherwise suspends a license pursuant to the results of the licensee's mental or physical examination, a hearing must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department and Board shall have the authority to review the licensee's record of treatment and counseling regarding the relevant impairment or impairments to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.Any licensee suspended under this subsection (a-5) shall be afforded an opportunity to demonstrate to the Department or Board that he or she can resume practice in compliance with the acceptable and prevailing standards under the provisions of his or her license.(b) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission, as provided in the Mental
Health and Developmental Disabilities Code, operates as an automatic
suspension. Such suspension will end only upon a finding by a court that
the patient is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging the patient,
and the recommendation of the Board to the Secretary that
the licensee be allowed to resume practice.(c) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the Illinois Student Assistance Commission or any governmental agency of this State in accordance with subdivision (a)(5) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.(d) In cases where the Department of Healthcare and Family Services (formerly the Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department shall refuse to issue or renew or shall revoke or suspend that person's license or shall take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with subdivision (a)(5) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (e) The Department shall deny a license or renewal authorized by this Act to a person who has failed to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Department of Revenue, until such time as the requirements of the tax Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (f) Persons who assist the Department as consultants or expert witnesses in
the investigation or prosecution of alleged violations of the Act,
licensure matters, restoration proceedings, or criminal prosecutions, are
not liable for damages in any civil action or proceeding as a result of
such assistance, except upon proof of actual malice. The Attorney General
of the State of Illinois shall defend such persons in any such action or
proceeding.(Source: P.A. 98-756, eff. 7-16-14.)

225 ILCS 340/20.5

(225 ILCS 340/20.5)(Section scheduled to be repealed on January 1, 2020)Sec. 20.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice structural engineering without being licensed
under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.(b) The Department has the authority and power to investigate any and all
unlicensed activity.(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/21

(225 ILCS 340/21)(from Ch. 111, par. 6621)(Section scheduled to be repealed on January 1, 2020)Sec. 21. (a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, petition for an order
enjoining such violation or for an order enforcing compliance with this
Act. Upon the filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin such violation. If it is established
that such person has violated or is violating the injunction, the Court may
punish the offender for contempt of court. Proceedings under this Section
are in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.(b) If any person practices as a licensed structural engineer or holds
himself out as a structural engineer without being licensed under the
provisions of this Act, then any licensed structural engineer, any
interested party or any person injured thereby may, in addition to the
Secretary, petition for relief as provided in subsection (a) of this Section.(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that person. The
rule shall clearly set forth the grounds relied upon by the Department and
shall provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease and desist to
be issued immediately.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/22

(225 ILCS 340/22)(from Ch. 111, par. 6622)(Section scheduled to be repealed on January 1, 2020)Sec. 22. Investigation; notice. The Department may investigate the actions
of any applicant or any person or entity holding or claiming to hold a license
or registration or any person or entity practicing, or offering to practice
structural engineering. Before the initiation of an investigation the matter
shall be reviewed by a subcommittee of the Board according to procedures
established by rule for the Complaint Committee. The Department shall, before
refusing to issue, restore or renew a license or registration, or discipline a
licensee or registrant, at least 30 days prior to the date set for the
hearing, notify in writing the applicant for, or holder of, a license or
registration of the nature of the charges and that a hearing will be held on
the date designated. The Department shall direct the applicant or licensee or
registrant or entity to file a written answer to the Board under oath within 20
days after the service of the notice and inform the applicant or licensee or
registrant or entity that failure to file an answer will result in default
being taken against the applicant or entity or licensee or registrant and that
the license or certificate may be suspended, revoked, placed on probationary
status, or other disciplinary action may be taken, including limiting the
scope, nature or extent of practice, as the Secretary may deem proper. Written
notice may be served by personal delivery or certified or registered mail to
the respondent at the address of record.
In case the person or entity fails to file an answer after receiving notice,
his or her license or certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the Department may
take whatever disciplinary action deemed proper, including limiting the
scope, nature, or extent of the practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient grounds for such
action under this Act. At the time and place fixed in the notice,
the Board shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present such statements,
testimony, evidence and argument as may be pertinent to the charges or
their defense. The Board may continue a hearing from time to time.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/23

(225 ILCS 340/23)(from Ch. 111, par. 6623)(Section scheduled to be repealed on January 1, 2020)Sec. 23. Record; transcript. The Department, at its expense, shall
preserve a record of
all proceedings at the formal hearing of any case. The
notice of hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the transcript of
testimony, the report of the Board and the orders of the Department shall
be the record of the proceedings.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/24

(225 ILCS 340/24)(from Ch. 111, par. 6624)(Section scheduled to be repealed on January 1, 2020)Sec. 24. Subpoenas; depositions; oaths. The Department has the power to subpoena documents, books, records or other materials and to bring before it any person and to take testimony either orally or by deposition, or take written interrogatories, or any combination thereof, with the same fees and mileage and in the same manner as is prescribed in civil cases in the courts of this State.The Secretary, the designated hearing officer, and any member of the Board
shall each have the power to administer oaths to witnesses at any hearing which
the Department is authorized by law to conduct, and any other oaths
required or authorized in any Act administered by the Department.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/25

(225 ILCS 340/25)(from Ch. 111, par. 6625)(Section scheduled to be repealed on January 1, 2020)Sec. 25. Any circuit court, upon the application
of the accused person or of the Department, may, by order duly
entered, require the attendance of witnesses and the production
of relevant books and papers before the Department relative to the
application for or refusal to issue, restore, renew, suspend,
or revoke a license or discipline a licensee, and the court may compel
obedience to its order by proceedings for contempt.(Source: P.A. 86-711.)

225 ILCS 340/26

(225 ILCS 340/26)(from Ch. 111, par. 6626)(Section scheduled to be repealed on January 1, 2020)Sec. 26. At the conclusion of the hearing, the Board shall present to the Secretary its written report
of its findings and recommendations. A copy of the report shall be served
upon the accused person, either personally or to the address of record.
The Board may take into consideration in making its recommendations for
discipline all facts and circumstances bearing upon the reasonableness of
the conduct of the respondent and the potential for future harm to the
public, including but not limited to previous discipline by the Department,
intent, degree of harm to the public and likelihood of harm in the future,
any restitution made, and whether the incident or incidents complained of
appear to be isolated or a pattern of conduct. In making its
recommendations for discipline, the Board shall endeavor to ensure that the
severity of the discipline recommended bears some reasonable relationship
to the severity of the violation. Within 20
days after such service, the accused person may present to the Department
a motion in writing for a rehearing, which shall specify
the particular grounds for rehearing. If the accused person orders and pays
for a transcript of the record as provided in this Section, the time
elapsing after payment and before the transcript is ready for delivery
shall not be counted as part of such 20 days. If no motion for rehearing
is filed, then upon the expiration of the time specified for filing the
motion, or if a motion for rehearing is denied, then upon such denial, the
Secretary may enter an order in accordance with recommendations of the Board.Whenever the Secretary is not satisfied that substantial justice has been
done, he may order a rehearing by the same or another special board.
At the expiration of the time specified for filing a motion for a
rehearing, the Secretary has the right to take the action recommended
by the Board. Upon the suspension or revocation of his license, a
licensee shall be required to surrender his license to the Department, and
upon his failure or refusal to do so, the Department shall have the right
to seize the same.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/27

(225 ILCS 340/27)(from Ch. 111, par. 6627)(Section scheduled to be repealed on January 1, 2020)Sec. 27. Notwithstanding the provisions of Section 26 of this Act,
the Secretary shall have the authority to appoint any attorney duly licensed
to practice law in the State of Illinois to serve as the hearing officer in
any action for discipline of a licensee. The Director shall notify the
Board of any such appointment. The hearing officer has full
authority to conduct the hearing. The Board has the right to have
at least one member present at any hearing conducted by such hearing
officer. The hearing officer shall report his findings of fact,
conclusions of law and recommendations to the Board and the Secretary. The
Board shall have 60 days from receipt of the report to review the report of
the hearing officer and present their findings of fact, conclusions of law
and recommendations to the Secretary. If the Board fails to present its
report within the 60 day period, the Secretary shall issue an order based
on the report of the hearing officer. If the Secretary disagrees in any
regard with the report of the Board or hearing officer, he may issue an
order in contravention thereof. The Secretary shall notify the Board on any such deviation.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/28

(225 ILCS 340/28)(from Ch. 111, par. 6628)(Section scheduled to be repealed on January 1, 2020)Sec. 28. Order or certified copy; prima facie proof. An order or a
certified copy thereof, over the seal of the Department and purporting to be
signed by the Secretary, shall be prima facie proof that:1. the signature is the genuine signature of the

Secretary;

2. the Secretary is duly appointed and qualified;
and3. the Board and the members thereof are qualified to

act.

Such proof may be rebutted.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/29

(225 ILCS 340/29)(from Ch. 111, par. 6629)(Section scheduled to be repealed on January 1, 2020)Sec. 29. At any time after the refusal to issue, restore, renew or
suspend or revoke of any license, the Department may issue or restore it to
the accused person without examination, upon the written recommendation of
the Board.(Source: P.A. 86-711.)

225 ILCS 340/30

(225 ILCS 340/30)(from Ch. 111, par. 6630)(Section scheduled to be repealed on January 1, 2020)Sec. 30. Upon the revocation or suspension of any license, the
licensee shall immediately surrender the license or licenses to the
Department and if the licensee fails to do so, the Department shall have
the right to seize the license.(Source: P.A. 86-711.)

225 ILCS 340/31

(225 ILCS 340/31)(from Ch. 111, par. 6631)(Section scheduled to be repealed on January 1, 2020)Sec. 31. The Secretary may temporarily suspend the license of a
structural engineer without a hearing, simultaneously with the institution
of proceedings for a hearing provided for in Section 22 of this Act, if
the Secretary finds that evidence in his possession indicates that a
structural engineer's continuation in practice would constitute an imminent
danger to the public. In the event that the Secretary temporarily suspends
the license of a structural engineer without a hearing, a
hearing by the Board must be commenced within 30 days after such
suspension has occurred.(Source: P.A. 96-610, eff. 8-24-09.)

225 ILCS 340/32

(225 ILCS 340/32)(from Ch. 111, par. 6632)(Section scheduled to be repealed on January 1, 2020)Sec. 32. All final administrative decisions of the Department under
this Act are subject to judicial review pursuant to the provisions of the
Administrative Review Law, as now or hereafter amended, and its rules.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.Such proceedings for judicial review shall be commenced in the Circuit
Court of the county in which the party applying for review resides; provided,
that if such party is not a resident of this State, the venue
shall be in Sangamon County.(Source: P.A. 86-711.)

225 ILCS 340/33

(225 ILCS 340/33)(from Ch. 111, par. 6633)(Section scheduled to be repealed on January 1, 2020)Sec. 33. Certification of record. The Department shall not be
required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless
there is filed in the court with the complaint a receipt from
the Department acknowledging payment of the costs of furnishing
and certifying the record. Exhibits shall be
certified without cost. Failure on the part of the Plaintiff to
file a receipt in court shall be grounds for dismissal of the
action.(Source: P.A. 86-711; 87-1031.)

225 ILCS 340/34

(225 ILCS 340/34)(from Ch. 111, par. 6634)(Section scheduled to be repealed on January 1, 2020)Sec. 34. Each of the following acts constitutes a Class A misdemeanor
for the first offense and a Class 4 felony for a second or subsequent offense:(a) The practice, attempt to practice, or offer to practice structural
engineering, or the advertising or putting out any sign, card, or other device
which might indicate to the public that the person or entity is entitled to
practice structural engineering, without a license as a licensed structural
engineer, or registration as a professional design firm issued by the
Department. Each day of practicing structural engineering, or attempting to
practice structural engineering, and each instance of offering to practice
structural engineering, without the appropriate license or registration
constitutes a separate offense.(b) The making of any wilfully false oath or affirmation whenever an
oath or affirmation is required by this Act.(c) The affixing of a licensed structural engineer's seal to any
plans, specifications or drawings which have not been prepared by or
under the immediate personal supervision of that structural engineer or
after review as provided in this Act.(d) A violation of the provisions of this Act or its rules.(e) Using or attempting to use an expired, inactive, suspended, or
revoked license; or the certificate or seal of another; or impersonating
another licensee.(f) Obtaining or attempting to obtain a license or registration by
fraud.(g) If any person, sole proprietorship, professional service corporation,
limited liability company, corporation or partnership, or other entity
practices structural engineering or advertises or displays any sign or card or
other device that might indicate to the public that the person or entity is
entitled to practice as a structural engineer or use the title "structural
engineer" or any of its derivations unless the person or entity holds an active
license or registration in the State; then, in addition to any other penalty
provided by law any person who violates this subsection (g) shall forfeit and
pay to the Design Professionals Administration and Investigation Fund a civil
penalty in an amount determined by the Department of not more than $5,000 for
each offense.A violation of paragraph (2) of subsection (a) of Section 20 is not subject
to the penalty provisions of this Section.(Source: P.A. 88-428.)

225 ILCS 340/35

(225 ILCS 340/35)(from Ch. 111, par. 6635)(Section scheduled to be repealed on January 1, 2020)Sec. 35. Administrative Procedure Act. The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.(Source: P.A. 88-45.)

225 ILCS 340/36

(225 ILCS 340/36)(from Ch. 111, par. 6636)(Section scheduled to be repealed on January 1, 2020)Sec. 36. Fund; appropriations; investments; audits. Moneys collected
under this Act and deposited in the Design Professionals Administration and
Investigation Fund shall be appropriated to the Department exclusively for
expenses of the Department and the Board in the administration of this Act,
the Illinois Professional Land Surveyor Act of 1989, the Professional
Engineering Practice Act of 1989, and the Illinois Architecture Practice
Act. The expenses of the Department under this Act shall be limited to the
ordinary and contingent expenses of the Design Professionals Dedicated
Employees within the Department as established under Section 2105-75
of the
Department of Professional Regulation Law (20 ILCS 2105/2105-75) and other
expenses related to the
administration and enforcement of this Act.Moneys from the Fund may also be used for direct and allocable indirect
costs related to the public purposes of the Department of Professional
Regulation. Moneys in the Fund may be transferred to the Professions Indirect
Cost Fund as authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).Moneys in the Design Professionals Administration and Investigation Fund
may be invested and reinvested, with all earnings received from the
investments to be deposited in the Design Professionals Administration and
Investigation Fund and used for the same purposes as fees deposited in
the Fund.All fines and penalties under Sections 20 and 34 shall be deposited
in the Design Professionals Administration and Investigation Fund.Upon the completion of any audit of the Department, as prescribed by the
Illinois State Auditing Act, that includes an audit of the Design
Professionals Administration and Investigation Fund, the Department shall
make the audit open to inspection by any interested person. The copy of
the audit report required to be submitted to the Department by this Section
is in addition to copies of audit reports required to be submitted to other
State officers and agencies by Section 3-14 of the Illinois State Auditing Act.(Source: P.A. 91-239, eff. 1-1-00.)

225 ILCS 340/37

(225 ILCS 340/37)(from Ch. 111, par. 6637)(Section scheduled to be repealed on January 1, 2020)Sec. 37. Pursuant to subsection (i) of Section 6 of Article VII of the
Illinois Constitution, a home rule unit may not regulate the profession of
structural engineering in a manner more restrictive than the regulation by
the State of the profession of structural engineering as provided in this
Act. This Section is a limitation on the concurrent exercise by home rule
units of powers and functions exercised by the State.(Source: P.A. 98-756, eff. 7-16-14.)

225 ILCS 340/38

(225 ILCS 340/38)(from Ch. 111, par. 6638)(Section scheduled to be repealed on January 1, 2020)Sec. 38. All licenses and certificates of registration in effect on
December 31, 1989 and issued pursuant to the Illinois Structural
Engineering Act, approved June 24, 1919, as amended, are reinstated for the
balance of the term for which last issued. All rules and regulations in
effect on December 31, 1989 and promulgated pursuant to the Illinois
Structural Engineering Act, approved June 24, 1919, as amended, shall
remain in full force and effect on and after the effective date of this Act
without being promulgated again by the Department, except to the extent any
such rule or regulation is inconsistent with any provision of this Act.
All disciplinary action taken or pending pursuant to the Illinois
Structural Engineering Act, approved June 24, 1919, as amended, shall, for
the actions taken, remain in effect, and for the action pending, be
continued, on and after the effective date of this Act without having
separate actions filed by the Department.(Source: P.A. 86-711.)